Galbreath-Ruffin Corporation v. 40th and 3rd Corporation, Appellants-Respondents

Summary

The New York Court of Appeals affirmed the appellate division's order, granting plaintiff summary judgment on the overriding commissions for leases not procured by plaintiff and on the Bendix and TWA commissions, while remanding the dispute over the 43rd floor lease to trial. The Court held that the licensing provision §441-b is a revenue measure and does not bar recovery of commissions, and that the 43rd floor issue remains a genuine question of fact.